DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01087-09
23 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD ICO}
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC memo 1741 MMSR-6M of 8 May 09 ©
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s widow,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show enrollment in the Survivor Benefit Plan (SBP)
pursuant to the BARBER decision.
2. The Board, consisting of Messrs. yealman, Pfeiffer, and George,
reviewed Petitioner's allegations of error and injustice on
22 June 2009 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
regulations and policies. ,
3. The Board, having reviewed all the facts of record pertaining to
Petitioner's allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. In correspondence attached as enclosure (2), the office having
cognizance over the subject matter addressed in Petitioner’s application
has commented to the effect that the request has merit and warrants
favorable action.
CONCLUSION
Upon review and consideration of ali the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds the
existence of an injustice warranting the following corrective action.
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, as follows:
a. Prior to his 1 July 1981, transfer to the Retired List, Subject
enrolled in SBP for spouse coverage, at the full base amount, naming
QR as the beneficiary. Any other election or declination
executed by Subject is null and void as there is no evidence Petitioner
was notified of her spouse’s decision to decline SBP.
b. SBP premiums which would have been deducted from Subject’s
retired pay since his transfer to the Retired List will be deducted
from the beneficiary’s future benefits. No annuity will be paid to
the beneficiary until.the entire amount is reimbursed. No waiver of
costs will be granted.
c. Subject died on 4 March 2008.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. Pursuant to Section 6{c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it is certified that quorum was present at the
Board’s review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the aboye entitled
Matter.
[be bia Ke
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ROBERT D. ZSALMAN WILLIAM J. HESSW III
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a}, has been approved by the Board on behalf
of the Secretary of the Navy.
23 June 2009
LD goes
Executive Dir
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